Latchman and Minister for Immigration and Border Protection (Migration)

The Administrative Appeals Tribunal considered the application of Mr Latchman for a partner visa, which had been refused by the Minister for Immigration and Border Protection due to Mr Latchman failing to pass the character test, specifically due to a substantial criminal record.

The Tribunal was required to determine whether the discretion to refuse Mr Latchman's visa, notwithstanding his failure to meet the character requirements, should be exercised. This involved considering Ministerial Direction No 65, which mandates the protection of the Australian community, the seriousness and nature of the applicant's criminal conduct, the risk of repetition, the expectations of the Australian community, the impact on victims, the impact on the applicant's family, and evidence of rehabilitation.

The Tribunal found that while Mr Latchman had a substantial criminal record, he had demonstrated significant rehabilitation and was a positive force in the community. The Tribunal also considered the impact on his family members. Weighing these factors against the public interest considerations outlined in Ministerial Direction No 65, the Tribunal was satisfied that the discretion to refuse the visa should not be exercised.

Consequently, the Tribunal set aside the decision under review and substituted it with a decision to grant the partner visa.